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Woman jailed after using shooting suspect's catchphrase as insurance company denied claim.
(www.rawstory.com)
this post was submitted on 12 Dec 2024
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You can't secretly record phone calls in two party consent states. But you can say "Just so you know, this phone call is being recorded" and if they continue to talk, they are implicitly giving consent. At least that's how it always have worked, otherwise it would've been illegal for basically every company to record phone calls. Every called customer service for any reason? Notice how they all tell you that the call is recorded? Its been like this since I ever learned about phone calls. If it's illegal, you'd be hearing about lawsuits all the time.
Which makes it kind of bullshit and not two-party, since in many cases this is effectively the only means of communicating with these companies. There is no real option to not consent, especially in the case of healthcare companies, since it's not like a person can just choose to not have a body with real medical concerns (and in the US you legally can't even go uninsured without penalty). Calling this "two party" at this point is a fucking joke.
You can literally choose to not say anything about threatening or murdering someone over a recorded call.
Yes of course. But maybe we don't have to stick only to specific bad example and can speak to the practice in general, perhaps?
I mean it's literal common sense but sure
Makes sense. I don't usually call customer service - I tend to use email or social media where possible, so that I have everything in writing with timestamps, just in case I need to refer back to it or use it as evidence.
Does that mean I can also record them?
You can. I'd also say "Just letting you know, I'm recording this phone call" just to be on the safe side.
I mean you could always make illegal recordings and you won't get arrested, its just that it might not be admissible in court.
And if you live in a one-party consent state, its always legal to record, even when the other person is in a two-party consent state, even without informing or getting consent.
That's incorrect twice.
First off, you don't have to tell them you're recording if they've already informed you they're recording. They've already consented to being recorded.
And when recording a conversation across state lines from a single-party consent state to a 2-party consent state, the 2-party rules are in effect.
Otherwise they could just route all call centers through single-party states and skip the recording.